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SWORN TO UNDER TRUTH SERUM / POLYGRAPH
Acknowledgements: Sincere appreciation given to former Congressman Berkley Bedell, Senator Charles Grassley, Senator Tom Harkin, Senator Bill Nelson with special appreciation given to their staff members for their contributing efforts to save this writer's life and their humanitarian concerns.
Viewing the Declaration: The table of contents displays 13 sections, and what's addressed in each. At the end of the explination, there are numbers that are also links. These links are paragraph numbers, and each link will bring you to the spcified paragrph(s). Each paragraph in the Declaration is labled, starting with the first one. The Declaration is divided into 7 web pages
- Top Nuclear Scientist states: We are on the Eve of Destruction...we cannot survive even a small nuclear conflict - 138-146
- Constitutional Rights Abolished by the Department of Justice & Judiciary (DOJJ) - 115-137
- Corrupt Government and State officials cost the lives and quality thereof, of hundreds of thousands of U.S. citizens 1-30, 45-46
- Precedent law and intent law has negated Legislative Law and the U.S. Constitution - 38, 105-108, 115-118, 120-126
- The legislature lost its power to represent the people of the United States to the Department of Justice & Judiciary (DOJJ) 67, 103-121, 126-137
- Total corruption in many Federal trials and appellate courts condoned by the Department of Justice & Judiciary (DOJJ) 25-48, 100, 115-126
- Federal judges refuse trial by jury requests from defendants - 48, 124-125
- Federal judges condone altering and tampering with Grand Jury documents - 27-29
- Injustice for the majority of US citizens by the DOJJ - 50-52, 79-85, 97-102
- DOJJ boasts over 95% conviction rate of innocent and guilty via plea bargains and conjured trials 30-48, 78-85, 100-101, 123, 124
- Torture and death at the hands of the Department of Justice & Judiciary (DOJJ) 53-76, 84, 85, 87-92, 96-99, 103
- Suggested laws need to be implemented and parole reinstated immediately to stop needless torture and death of inmates at the hands of the Bureau of Prisons (BOP) and DOJJ - 113-114
- The Office of the Inspector General (OIG) whitewashes their investigations into the illegalities, inhumane treatment of prisoners under their control after a direct request from Senator Charles Grassley of the Judiciary Committee 87-96, 104, 130-131
Verified Declaration of James T. Kimball
81. In the case of more serious entrapment offenses: a federal DEA agent approaches the owner of a bar at the request of another government agent of the Alcohol, Tobacco and Firearms Agency (ATF) who didn't like this individual because he is an activist against the ATF. The ATF agent is friends with the DEA agent and asks the DEA agent to get the owner of the bar. The DEA agent befriends the owner of the bar and tells him he is a marijuana runner and he receives $100,000.00 per trip just to pick up sealed boxes of marijuana in Miami, puts it in the trunk of his car and drops the sealed boxes off in Jacksonville, Florida. The DEA agent starts enticing the bar owner to do the same, however, the bartender refuses. Acting as the bar owner's best friend for two months, the DEA agent comes into the bar one day in a panic and tells the bartender he has a big load of marijuana in Miami that has to go right away to Jacksonville. They're paying $250,000.00 cash just to deliver one trunk load and they need one extra delivery car. The agent continues to tell "his best friend" that he's been doing this for years, its foolproof, he'll never get caught; and just to make sure, the bar owner can follow the agents car all the way from Miami to the drop off point in Jacksonville. The bar owner reluctantly agrees to make the run with the DEA agent. Once he gets to Jacksonville he is arrested. He cannot win at trial and plea bargains for 6 years in prison and ultimately loses his wife, children and business. All because he had a disagreement with an ATF agent and threw him out of his bar 2 years earlier.
82. In KIMBALL's opinion, over 80% of the people in the United States are susceptible to doing the exact same thing as the bar owner, as it's just a matter of how much money. If we would ask ourselves would I pick up and drop off a trunk full of marijuana on a one time deal for $250,000.00, 1 million dollars, or 10 million dollars, or more. If the answer is yes, which it would be in most every case, everyone is susceptible to entrapment under the same conditions. The government agents create the crimes when there is no crime to begin with. They are part of the crime that they invent. They should receive the exact same sentence that the people they entrap receive, as they are even more guilty by creating the crime to start with. Conspiracy and entrapment work well together to put innocent people in prison at the whim of government officials. One inmate received a 38 month sentence for a crime that never happened. This man was partners in a worldwide consulting firm based in South Florida. As he was a foreigner, he was using the services of an immigration attorney to acquire a green work card so he could stay at the Florida- based company more than the standard six months.
Unbeknownst to the consultant, the attorney he was utilizing for his green card was laundering money and under investigation by the Feds. In fact, the attorney had made a deal with the Feds if he gave them so many people to indict he would not be charged with money laundering. The attorney gave a proposition to the consulting partner in the form of a business deal around 1997. His attorney suggested he had many clients that wanted to leave Hong Kong and come to the U.S. prior to Hong Kong becoming part of China. The U.S. Government had a policy that any one foreigner that would invest a million dollars or more in a business in the U.S. could secure a green work card and stay in the U.S. The attorney told the consulting partner that if he could set up the corporations and business for those foreigners he could acquire 5% of their investment as consulting fees. The only thing the attorney told the consultant that was suspicious was that he did not know where these people from Hong King were acquiring their one million each. The consultant told the attorney it doesn't matter how the people received their money, it only matters that he, the consultant, make sure that the corporation that he will be setting up for these people sometime in the future is above board and legal in every respect. The attorney taped the conversation unbeknownst to the consultant and turned it over to the Feds. The consultant was indicted by the Feds simply because he, stated he didn't care where the money was coming from at some time in the future in this hypothetical agreement to set up future corporations for people from Hong Kong. The consultant hired an attorney who advised the consultant that the DOJ was so powerful even though no crime had taken place, and the consultant had only stated he didn't care where the money came from, the Government would blow that out of proportion, bring in an army of bias witnesses if it went to trial. The attorney told the consultant he would only have a 50% chance of winning if he went to trial even though he was totally innocent and that his attorney fees would be $150,000 to go to trial. The attorney also advised him if he went to trial and lost he could get 10 -15 years in prison for his 1 st offense if found guilty. The lawyer advised him to plead guilty and receive a plea bargain of a few years. The consultant plead guilty to a crime that was never a crime to start with and that never took place. The INS attorney that set up the consultant, set up 7 more people in the same type scenario so the INS attorney who really was guilty of money laundering would receive no prosecution at all for his money laundering crime which had already been committed. Quite a deal, government agents offer real criminals no charges in their quest to secure more and more convictions. In this case the Feds give an INS attorney who is caught red handed laundering drug money a get out of jail card free, while the INS attorney sets up innocent people via entrapment and hypotheticals and puts them in Federal Prison with the complete knowledge and consent of the Federal agents. The Federal agents belong in prison for allowing these travesties to go on day after day, year after year. Every citizen in the U.S. is subject to become a victim under the unjust, justice system today.
83. KIMBALL found out in testimony in court that government and state agents had done the exact similar things with him, only it didn't work. Government agents would call up or come into DEDI saying they were dying with serious medical conditions and needed LDC as they were told it would save their lives; begging DEDI in Florida to sell the product to them. DEDI would not. When that didn't work government conspirators decided they would use a different approach. They sent in agents to speak to KIMBALL about making a simple product for large distribution in Korea. KIMBALL agreed to make the product and each time they came into DEDI to take delivery of their product, they would shut the door in KIMBALL's office and pay him thousands of dollars in cash. Instead of putting the cash in his pocket, KIMBALL deposited the money into DEDI ' s checking account. Each time, KIMBALL would tell them to bring a check, they would bring cash. The last time he saw them there were three that arrived to pick up a very large order for a very large amount of money which, again, they brought in cash. KIMBALL told them this time he would not sell them anymore products unless they paid by check. He never saw them again, nor were any more orders placed for their product. KIMBALL did some checking on them after they never returned which lead him to absolutely believe they were government agents attempting to entrap KIMBALL for income tax evasion.
84. In all the interviews and review of inmates trial records, it was clear that 80% of the inmates in prison were dramatically over sentenced by judges for the alleged crimes they had committed, not taking into consideration that over 10% of all inmates who would have never been convicted at all in a "fair" trial. As examples: One judge in Florida sentenced a 54 year old man to 15 years in prison because he went hunting on government land, off season, with a valid Florida hunting license. Due to the fact he had been federally convicted 14 years before of driving a stolen car over state lines, it was his second federal offense. So as he was a convicted felon it was illegal for him to have gun, even with the valid hunting license. Worse, the judge that sentenced him knew he had bone cancer and was in a wheel chair by the time he was brought before the Court. The judge, in essence, sentenced him to die in prison without his family, for attempting to kill his own food. The inmate was indigent at the time of his arrest and on State aid. Another inmate in critical medical condition received six (6) months in jail and an additional 2 years in prison for failing to report traffic violations to his probation officer. Worse, while he has been incarcerated he has been unable to secure any medical treatment for his critical medical condition. Many federal judges tell the person who is about to be sentenced, knowing the person they are sentencing is critically ill, you will be well taken care of by medical in the BOP, as they, in essence, hand them a death sentence. The federal judges know perfectly well that medical care in the BOP is not only deplorable, it's inhumane. This, simply because there are so many legal actions against the BOP for refusing medical treatment or inhumane medical treatment, and judges constantly read such cases and decide upon them.
85. The inmate interviews and case reviews that KIMBALL made notes of could fill a volume of books regarding the inhumane, unconstitutional treatment of the American people by the Justice System and the BOP.
86. Prior to KIMBALL being transferred to Yazoo City, Mississippi, he had filed legal actions against the BOP for premeditated, deliberate inhumane acts and their deliberate violation of a multitude of laws which the BOP must follow. KIMBALL had been advised continually that filing legal actions against the BOP will cause reprisals, placement in the hole, or worse.
87. Once KIMBALL was transferred to Yazoo City, former Congressman Berkley Bedell, who was appalled with what had happened to KIMBALL and what was happening within the BOP, arranged for a meeting with Senator Grassley about what was transpiring. Senator Grassley's office requested that the Office of the Inspector General (OIG) investigate the assertions of KIMBALL.
88. KIMBALL was advised that the OIG is the highest investigative agency within the Government and judicial system as it investigates all government personnel within the BOP and the justice system.
89. Two OIG investigators, Steve Hunter and Greg Lowther, came to see KIMBALL at Yazoo City. KIMBALL explained to them most everything contained within this declaration. The agents were particularly interested in KIMBALL's medical treatment or lack of it.
90. KIMBALL explained the absolute refusal of the BOP to treat KIMBALL and the removal of his medications when he was dying. The fact that he was permanently damaged by the BOP, which was evident as they witnessed KIMBALL having difficulty speaking and catching his breath at times due to the enlargements in his throat. KIMBALL went on to explain what the PA said about inmates dying in the BOP because of medical neglect. KIMBALL told them about the number of inmates reported deaths while in the custody of the BOP at CL and that he witnessed one inmate being taken out in a body bag, as did many others. Also, the reported death of an inmate put in the hole in serious medical condition, along with the fact that the BOP consistently put inmates in the hole with serious medical afflictions absolutely against the law and their own policy. KIMBALL continued on to advise the OIG agents that the reported deaths by inmates that kept records exceeded ten (10) in two years, one every two months. That the then Warden Swope, put into a "very carefully" worded letter that only 6 had died at CL since it opened in 1996. KIMBALL was told that the BOP dragged the dead bodies of inmates off the property at CL to pronounce them dead outside the prison property in local hospitals and such. KIMBALL advised them that with the help of other people and a private investigator he found out that the BOP went out of their way to hide the deaths of inmates in their custody from public knowledge. KIMBALL told the OIG agents how to find them. KIMBALL even told them about an elderly inmate named Ley, and how they could find him, who had been going to CLM for 6 weeks because he was weak, out of breath with pains in his chest, arm and shoulder. Even an uneducated layman in this day and age knows those are the symptoms of a heart attack or stroke. CLM refused to give him a proper diagnosis or treatment. Inmate Ley had a stroke and was paralyzed on one side of his body and could not control his bladder. After he was stabilized at the hospital, he was brought back to CL and put into a housing unit in that condition. Eventually CL was unable to cope with an inmate in that condition, and KIMBALL was told the BOP made a deal and Ley was released from prison in that condition. KIMBALL told the OIG about other medical atrocities conducted at CL and that he had at least 50 names and reports written up that they could speak with. KIMBALL not only told the OIG agents how to find the deaths of inmates that were previously housed at CL, he had already supplied the OIG with many of the identities of the selected inmates the BOP deliberately refused to treat. The OIG agents appeared totally unconcerned about what happened to other inmates or the deaths which resulted. They seemed only interested in what happened to KIMBALL.
91. The OIG agents appeared totally uninterested when KIMBALL said he had proof due to the 2001 DOH hearings of the perjury by government agents, or the consistent constitutional rights violations prior and during his trial. When KIMBALL advised them of the fact KIMBALL firmly believed the judges were bought and paid for in his case, they appeared to already know that some judges are bought and paid for.
92. Oddly enough, the OIG investigators asked KIMBALL what he believed the charges should be against the government officials involved that pertained to him. KIMBALL told them in his opinion there clearly was obstruction of justice, cruel and inhumane treatment and attempted murder, among whatever other charges there may be.
93. KIMBALL did not reveal to the OIG agents everything that had transpired or all the information he held. However, he provided the identities of many individuals involved and the identities of government personnel who would testify and substantiate KIMBALL's accusations. KIMBALL didn't completely trust the OIG as they were investigating acts committed by employees of their own Justice Department. However, after the OIG agents left, KIMBALL did send them an affidavit from an orderly who witnesses some of the illegal and inhumane acts perpetrated against KIMBALL while he was in the hole at CL. Although all that this inmate witnessed was not included within his affidavit. About a month later, the OIG agents came back and interviewed the inmate and asked him to sign another affidavit. The agents faxed in a third affidavit for him to sign. Inmate Oscar Refuse, who was the orderly that witnessed some of the illegal acts was willing to take a polygraph or drug serum test as to what he witnessed and put in his affidavits. Also, KIMBALL did not tell the OIG about any sworn statements he had acquired from the inmates who were put in the hole, detailing their experiences of torture and inhumane treatment they were subjected to by the BOP, including refusing to provide their "bible" when they were told they would be killed in the hole.
94. Shortly after inmate Refuse signed the third affidavit, KIMBALL received a message that the OIG investigation was over. He was also told the rest of the investigation turned up nothing. KIMBALL knew that any report saying such a thing was a total fabrication and a lie. KIMBALL had given the OIG enough information, identities and documented proof to indict and convict quite a few people.
95. Shortly thereafter, KIMBALL was advised the OIG investigation was stopped and ordered whitewashed as high ups were involved in the inhumane treatment of BOP prisoners and the refusal of the BOP to provide proper medical care.
96. One declaration KIMBALL's outside sources are holding is a statement from one inmate witnessed by 4 people. The inmate states within his declaration that he is willing to take a professional polygraph or drug serum test as to every statement made within his declaration. He depicts the horrors he went through when he was put into the hole for over two months. It clearly depicts the fact the BOP knew he did nothing wrong, yet they threatened him with death. The BOP forced him to sign two documents refusing to allow the inmate to read them.
97. After KIMBALL arrived at the punishment prison in Yazoo City, he met other selected inmates who had filed serious legitimate legal actions against the BOP at CL and were placed in the hole for over 90 days, then shipped to Yazoo just as KIMBALL had been. Outside sources are holding the declarations of inmates who are willing to take a polygraph or drug serum test regarding their statements in their declarations. Both were put in the hole at CL and their legal documents tampered with and legal mail opened, some copied. Both received inhumane treatment while in the hole, one worse than the other.
98. While at Yazoo City, the BOP continued to refuse to treat KIMBALL ' s serious medical problems with his neck, shoulder and foot which has caused him to limp due to the actions of the BOP while he was in the hole at Coleman. The medical department at Yazoo City is very similar to that at CL and KIMBALL has written statements of selected inmates who receive, as he, no treatment for their serious medical afflictions. Very recently, January 1, 2003 inmate Benny Phillips, #38946-018, in his forties needlessly died at Yazoo due to deliberate medical neglect by Yazoo Medical (YM). KIMBALL was advised months ago Phillips was taken to an outside specialist to remove fluid from around his heart causing his serious pain and breathing problems that became life threatening. These same symptoms returned and for weeks Phillips sought medical help from YM to no avail. YM refused to send him out to a specialist or treat his already known medical problem. As late as December 31, 2002 Phillips went to YM begging for medical treatment. It was reported by a number of inmates that on December 31, 2002 Phillips said to YM, "what are you going to do, let me die?" YM's reply was "everyone has to die sometime" as he was sent back to his unit to die. Which is exactly what he did. Even more recently an inmate went to YM for serious pains in his arm and shoulder. He was told by a Physician's Assistant (PA) it could be signs of a heart problem. The PA told the inmate YM would not send him out for diagnosis of treatment as YM had no money. He would have to wait until March until the budget monies came in before the committee will send him out for treatment. The PA went on to tell the inmate that he may have to accept the fact that he may die at an early age as he sent him back to his unit.
99. For anyone to even think that there are any programs for rehabilitation of inmates within the BOP is sadly mistaken. Millions or billions of dollars of the public's money is claimed to be spent on such non-existent rehabilitation. It is claimed by staff and inmates that the BOP receives $2,500.00 for every non-educated inmate who takes the GED course for an equivalent high school diploma. The GED courses are taught, for the most part, by the inmates. KIMBALL overheard a staff member telling 2 inmates that completed the course, who could not pass the GED test twice, the answers would be provided for them. There are all kinds of courses available in prison, and most every one is taught by inmates, and are nothing less than a joke. Psychology classes are taught by inmates reading typed pages. Yet, the inmate receives a certificate of completion and it goes on their record of achievement within the BOP for public propaganda. For 2 cans of sardines, an inmate can purchase his attendance in these classes and receive his certificate without ever attending. Because the vast majority of the alleged educational programs to rehabilitate inmates are a farce within the BOP, the repeat offenders would be high. Many of the inmates in prison are little more than children. Some only 19 years old and have only sold drugs to make money. These kids that have 10-20 year sentences will have no chance at life when they get out. They will only be hardened by the BOP to be against the U.S. government and society in general. Interviews with these inmates ages 19 to 30 reveals the BOP totally failed to do anything to rehabilitate them, only generated a worse criminal when released. KIMBALL believes the vast majority do not even belong in prison. Most could be on drug rehabilitation programs, halfway houses and if given proper psychological guidance and schooling could be made productive members of society without any problem. Additionally, the drug/alcohol programs the BOP offers are a farce, except possibly the 9 month drug program that appears to have helped some inmates. At Coleman/Low prison KIMBALL was informed by the inmates attending the 9-month drug program, along with inmates that completed the program, that a requirement for completion was, you must agree to become a confidential informant and report any inmate you see breaking CL rules. If the inmate refused to be a snitch, the staff at Coleman would make sure one way or another the person never completed the drug program which involved a year and a half less in federal prison.
100. While at Yazoo City, KIMBALL received word that the Eleventh Circuit Court of Appeal had held an oral argument regarding KIMBALL's appeal. The transcript of the argument appeared to suggest KIMBALL won. The judges stated the Government was wrong. KIMBALL's friends and customers had donated the money and hired Michael Pasano to represent KIMBALL on appeal. KIMBALL was in shock, as KIMBALL firmly believed after reading the Eleventh Circuit Court of Appeal decisions, it seems that they were additionally bought and paid for. Now with Judge Wilson's influence, KIMBALL had a no win situation with his appeal. Pasano had filed an appeal which stated the "Gross Misconduct by Judge Lazzara" by blocking KIMBALL from a fair and impartial trial along with violating his Sixth Amendment Right to counsel and compulsory process for obtaining witnesses in his favor. When the decision came down in writing however, the Court of Appeals denied KIMBALL's appeal. Pasano sent communications to KIMBALL stating KIMBALL was right. That the Eleventh Circuit Court of Appeals decision went directly against the Supreme Court and their own decisions. Pasano went on to state I should have known the Eleventh Circuit would not go after their own. Meaning, condemn a fellow judge, in this case, Federal Judge Richard Lazzara. After all, Judge Lazzara may be appointed to the Eleventh Circuit Court of Appeals, the same as Charles Wilson was.